TO ACQUIRE BY EMINENT DOMAIN A PORTION OF THE PROPERTY IN FEE SIMPLE INTEREST AND A PERMANENT EASEMENT FOR GUIDEWAY PURPOSES (“PROPERTY INTERESTS 2”) OVER, UNDER, ABOVE AND THROUGH A PORTION OF THE REAL PROPERTY IDENTIFIED AS TAX MAP KEY (1) 1-5-007-016, LOCATED AT 617 DILLINGHAM BOULEVARD, HONOLULU, HAWAII 96817, AND OWNED BY HAWAIIAN ELECTRIC COMPANY, INC.

WHEREAS, Section 17-103.2(b) of the Charter empowers HART "to acquire by eminent domain … all real property or any interest therein necessary for the development of the fixed guideway system;" and

WHEREAS, prior to such acquisition the Charter directs HART to submit a list of real property to be acquired by eminent domain to the City Council; and

WHEREAS, the City Council may approve the acquisition by eminent domain or may object by adoption of a resolution within 45 days of the notification to acquire the real property; and

WHEREAS, on December 14, 2017 the HART Board of Directors approved resolution NO. 2017 – 14, APPROVING NOTIFICATION TO THE CITY COUNCIL OF INTENTION TO ACQUIRE FEE SIMPLE INTERESTS, PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS (TCE) (“Property Interests 1”) IN THE REAL PROPERTY IDENTIFIED AS TAX MAP KEY 1-5-007-016 (PORTION) LOCATED AT 617 DILLINGHAM BOULEVARD, HONOLULU, HAWAII 96817, AND OWNED BY HAWAIIAN ELECTRIC COMPANY, INC. BY EMINENT DOMAIN AND PUBLICATION OF A RESOLUTION AUTHORIZING ACQUISITION OF SAID EASEMENTS BY EMINENT DOMAIN; and

WHEREAS, on December 20, 2017, by way of Departmental Communication No. 847, HART notified the City Council of its intent to acquire Property Interests 1 by eminent domain; and

Whereas on January 31, 2018, the City Council adopted Resolution No. 18-8, RELATING TO THE HONOLULU AUTHORITY FOR RAPID TRANSPORTATION’S NOTIFICATION REGARDING THE ACQUISITION BY EMINENT DOMAIN OF INTEREST IN REAL PROPERTY IDENTIFIED AS TAX MAP KEY 1-5-007:016 (PORTION), which approved HART to proceed with condemnation of Property Interests 1; and

WHEREAS, on September 27, 2018, the HART Board of Directors approved Resolution No. 2018-9, AUTHORIZING THE ACQUISITION IN THE FEE SIMPLE INTERESTS, PERMANENT EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS (TCE) OF REAL PROPERTY IDENTIFIED AS TAX MAP KEY 1-5-007-016 (PORTION) LOCATED AT 617 DILLINGHAM BOULEVARD, HONOLULU, HAWAII 96817 AND OWNED BY HAWAIIAN ELECTRIC COMPANY, INC. BY EMINENT DOMAIN; and

WHEREAS, on November 21, 2018, a condemnation action was filed for Property Interests 1; and

WHEREAS, Hawaiian Electric Company Inc. (“HECO”) requested that property necessary for station purposes be acquired in fee simple interest, rather than a permanent easement as found in the original complaint; and

WHEREAS, HART approved a design change along the Dillingham Corridor (“Mauka Shift”) that resulted in a change to the property interests needed for the Honolulu Rail Transit Project (“HRTP”) with respect to TMK 1-5-007-016; and

Whereas, the Mauka Shift resulted in some of Property Interests 1 no longer being needed or being reduced in size; and

Whereas, as a result of negotiations with HECO, Property Interests 1 needed for the Iwilei Station were changed from easement interests to fee simple interest; and

WHEREAS, such revised property interests include Parcel 433, Lot 23, Parcel 433-E, Parcel 433-F, Easement 7 and Easement 8 (“Property Interests 2”), as shown on Exhibit A and further described in Exhibit B-1; and

WHEREAS, five (5) easements from Property Interests 1 are no longer necessary for the HRTP and three (3) easements from Property Interests 1 require fee interests (fee interests in Parcels 433-E and 433-F replace a portion of Easement 8, the fee interest in Parcel 433 replaces Easement 10 and the fee interest in Lot 23 replaces Easement 16); and

WHEREAS, the property owner, HECO, requires Easement 10 for access purposes as shown on Exhibit A and more particularly described in Exhibit B-2 (“Access Easement”); and

WHEREAS, the acquisition by eminent domain of Property Interests 2 is necessary for the development (and redevelopment), construction (and reconstruction), improvement, upgrade, building, installation, location, placement, removal, enlargement, structural modification, safety updates, reduction, inspection, protection, operation, use (including public use), preservation, protection, sidewalk, utilities and station relative to the development of the HRTP fixed guideway system, a valid public use and purpose; and

WHEREAS, HART and HECO have mutually agreed to amend the condemnation complaint to include Property Interests 2, subject to the Access Easement, all as shown on Exhibit A and further described in Exhibit B-1 and B-2;

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of HART as follows:

1. That all legal preconditions for the acquisition of the Property Interests 2 by eminent domain are determined to have been met. More specifically:

a. The HART Board has provided the necessary preauthorizations and notifications to the City Council, and the City Council has approved and/or taken no action regarding the acquisition of the Property Interests 2 by eminent domain;

b. HART has provided the owner(s) with the requisite notices and has given the owner(s) the opportunity to accompany HART’s appraiser during the appraiser’s site inspection;

c. HART has obtained an appraisal of the Property Interests 2, and, if a partial acquisition, any larger parcel or larger tract of which the Property Interests 2 are a part, made by a qualified appraiser licensed in the State of Hawaii;

d. HART’s appraisal was approved by a qualified review appraiser, in accordance with federal requirements, and HART received the necessary appraisal concurrence from the Federal Transit Administration, if applicable;

e. HART has established amounts that it believes are just compensation for the Property Interests 2, based on HART’s approved appraisal;

f. HART has made a written offer to the owner(s) in the full amount of the just compensation established by HART, which written offer included a written statement of the basis for the offer of just compensation, in accordance with 49 C.F.R. 24.102(e); and

g. HART has made reasonable efforts to contact the owner(s) and/or the owner’s representatives to discuss its offer to purchase the Property Interests 2 and has given the owner(s) a reasonable opportunity to consider HART’s offer and to respond.

2. That the acquisition by eminent domain of Property Interests 2 is hereby authorized and the Corporation Counsel of the City and County of Honolulu and/or HART’s selected outside legal counsel is empowered to institute eminent domain proceedings as provided by law for the acquisition thereof; and

3. That the acquisition of Property Interests 2 by eminent domain is determined and declared to be for a valid public use and purpose as aforesaid; and

4. That the acquisition of Property Interests 2 by eminent domain is determined and declared to be necessary for the aforesaid public use and purpose; and

5. That in the process of said proceedings in eminent domain, the Corporation Counsel and/or HART’s selected outside legal counsel is authorized and empowered to negotiate terms of settlement, subject to the approval of HART, the HART Board and/or the Court before which such proceedings are commenced; and

6. That the Board Executive Officer be directed to transmit copies of this resolution to HART and the Department of Corporation Counsel.

ADOPTED by the Board of the Honolulu Authority for Rapid Transportation

_____________________________
Board Chair

ATTEST:
_________________
Board Executive Officer

The foregoing resolution was introduced as Exhibit C to HART Board Resolution 2026-12 and approved for publication by the HART Board at its meeting held on July 24, 2026 (subject to the Honolulu City Council approving or not objecting to HART’s proposed condemnation), by the following votes:
Ayes: A. Aalto, K. Bukoski, J. Katahira, R. Keene, R. Morton, K. Park
Nays: None
Absent: L. Baker, E. Sniffen, C. Takashige

PARCEL 433

Being a portion of Lot 21-B as shown on Map 4 of
Land Court Consolidation 97

Situate at Kuwili, Honolulu, Oahu, Hawaii

Thence along Lot 42 (Map 8) of Land Court Consolidation 97, on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being:

Thence along same, on a curve to the right with a radius of 222.00 feet, the chord azimuth and distance being:

Thence along same, on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being:

11. 223° 52′ 42.43 feet to the point of beginning and containing an area of 7,593 Square Feet.

Reserving therefrom, Easement 10 for access purposes in favor of Hawaiian Electric Co., Inc.

Description Prepared By:

AUSTIN, TSUTSUMI & ASSOCIATES, INC.

ERIKS. KANESHIRO
Licensed Professional Land Surveyor
Certificate No. 9826
Exp. 04/26

Note: This description is for exhibit purposes and does not purport a legally subdivided lot.

Honolulu, Hawaii
October 9, 2025

LOT 23

As shown on Map 1 of
Land Court Consolidation 97

Situate at Kuwili, Honolulu, Oahu, Hawaii

1. 358° 52′ 62.00 feet along the West side of Kaaahi Street;

2. 88° 52′ 85.67 feet along Lot 22 (Map 1) of Land Court Consolidation 97;

3. 145° 18′ 38.79 feet along same;

Description Prepared By:

AUSTIN, TSUTSUMI & ASSOCIATES, INC.

ERIKS. KANESHIRO
Licensed Professional Land Surveyor
Certificate No. 9826
Exp. 04/26

Honolulu, Hawaii
October 15, 2025

PARCEL 433-E

Being a portion of Lot 24 as shown on Map 1 of
Land Court Consolidation 97

Situate at Kuwili, Honolulu, Oahu, Hawaii

3. 234° 16′ 76.71 feet along Remainder Parcel of the Honolulu Rail Transit Project;

4. 187° 03′ 25.47 feet along same;

Thence along the South side of Dillingham Boulevard, on a curve to the left with the point of curvature azimuth from the radial point being 186°34′ and the point of tangency from the radial point being 4°58′, having a radius of 759.34 feet, the chord azimuth and distance being:

5. 275° 4 6′ 21.20 feet;

Thence along the West side of Kaaahi Street, on a curve to the right with the point of curvature azimuth from the radial point being 184°58′ and the point of tangency from the radial point being 268°52′, having a radius of 30.00 feet, the chord azimuth and distance being:

6. 316° 55′ 40.11 feet;

7. 358° 52′ 47.82 feet along same, to the point of beginning and containing an area of 5,883 Square Feet.

Description Prepared By:

AUSTIN, TSUTSUMI & ASSOCIATES, INC.

ERIKS. KANESHIRO
Licensed Professional Land Surveyor
Certificate No. 9826
Exp. 04/26

Note: This description is for exhibit purposes and does not purport a legally subdivided lot.

Honolulu, Hawaii
October 7, 2025

PARCEL 433-F

Being a portion of a lot as shown on Map 1 of
Land Court Application 1876

Situate at Kuwili, Honolulu, Oahu, Hawaii

2. 123° 37′ 17.59 feet along same;

3. 182° 39′ 30" 5.18 feet along Remainder Parcel of the Honolulu Rail Transit Project;

4. 234° 16′ 42.44 feet along same;

AUSTIN, TSUTSUMI & ASSOCIATES, INC.

ERIKS. KANESHIRO
Licensed Professional Land Surveyor
Certificate No. 9826
Exp. 04/26

Note: This description is for exhibit purposes and does not purport a legally subdivided lot.

Honolulu, Hawaii
October 7, 2025

EASEMENT 7
(FOR GUIDEWAY PURPOSES)

Affecting Remainder Parcel
of the Honolulu Rail Transit Project
Being a portion of a lot as shown on Map 1 of
Land Court Application 1876

Situate at Kuwili, Honolulu, Oahu, Hawaii

2. 322° 49′ 14.13 feet along remainder of Remainder Parcel of the Honolulu Rail Transit Project;

5. 348° 30′ 54.00 feet along same;

6. 274° 00′ 32.00 feet along same;

7. 348° 30′ 5.22 feet along same;

10. 143° 58′ 24.35 feet along same;

11. 143° 38′ 15.11 feet along same;

12. 143° 17′ 13.92 feet along same;

13. 142° 49′ 16.27 feet along same;

14. 142° 13′ 15.53 feet along same;

15. 141° 38′ 13.70 feet along same;

16. 141° 02′ 11.32 feet along same;

17. 140° 14′ 19.74 feet along same;

18. 139° 11′ 19.73 feet along same, to the point of beginning and containing an
area of 6,050 Square Feet.

AUSTIN, TSUTSUMI & ASSOCIATES, INC.

ERIKS. KANESHIRO
Licensed Professional Land Surveyor
Certificate No. 9826
Exp. 04/26

Note: This description is for exhibit purposes and does not purport a legally designated easement.

Honolulu, Hawaii
October 15, 2025

EASEMENT 8
(FOR GUIDEWAY PURPOSES)

Affecting Remainder Parcel
of the Honolulu Rail Transit Project
Being a portion of Lot 24 as shown on Map 1 of
Land Court Consolidation 97

Situate at Kuwili, Honolulu, Oahu, Hawaii

3. 168° 30′ 54.00 feet along same;

4. 180° 00′ 15.02 feet along same;

5. 323° 17′ 3.81 feet along same;

6. 323° 38′ 15.41 feet along same;

7. 323° 58′ 24.63 feet along same;

8. 324° 16′ 42.80 feet along same;

AUSTIN, TSUTSUMI & ASSOCIATES, INC.

ERIKS. KANESHIRO
Licensed Professional Land Surveyor
Certificate No. 9826
Exp. 04/26

Note: This description is for exhibit purposes and does not purport a legally designated easement.

Honolulu, Hawaii
October 7, 2025

EASEMENT 10
(FOR ACCESS PURPOSES)

Affecting Parcel 433
of the Honolulu Rail Transit Project
Being a portion of Lot 21-B as shown on Map 4 of Land Court Consolidation 97

Situate at Kuwili, Honolulu, Oahu, Hawaii

1. 358° 52′ 30.00 feet along the West side of Kaaahi Street;

Thence along same, on a curve to the left with a radius of 238.00 feet, the chord azimut hand distance being:

2. 350° 51′ 10″ 66.36 feet;

Thence along Lot 42 (Map 8) of Land Court Consolidation 97, on a curve to the left with a radius of 30.00 feet, the chord azimuth and distance being:

3. 125° 51′ 10″ 36.10 feet;

4. 88° 52′ 16.16 feet along same;

Thence along same, on a curve to the right with a radius of 222.00 feet, the chord azimuth and distance being:

5. 104° 58′ 20″ 123.17 feet;

6. 146° 59′ 6.30 feet along same;

7. 182° 39′ 30″ 48.14 feet along Remainder Parcel of Honolulu Rail Transit Project

9. 286° 14′ 30″ 106.31 feet;

Description Prepared By:

AUSTIN, TSUTSUMI & ASSOCIATES, INC.

ERIK S. KANESHIRO
Licensed Professional Land Surveyor
Certificate No. 9826
Exp. 04/26

Note: This description is for exhibit purposes and does not purport a legally designated easement.

Honolulu, Hawaii
October 21, 2025